DCPREZ-2014-10736 - Laserfiche WebLink

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• DECLARATION OF EASEMENT FOR PRIVATE SEWAGE SYSTEM THIS DECLARATION (the Declaration) is executed as of January , 2009 by Robert Heinzeroth and Lynelle Heinzeroth (the Declarant). RECITALS : A. The Declarants are owners of certain real property located in Dane County, Wisconsin, and described as follows: Lot One (1) and Lot Two (2) Certified Survey Map No. 12528 recorded in Volume 78 of Certified Survey Maps on pages 209-211, as document number 4464418, PINS: 026/0511- 093-9250-0 and 026/0511-093-9270-0. B. An area of real property is reserved for private septic system, mound system, replacement mound systems and onsite wastewater treatment systems (referred to as the private sanitary sewer system property) on Lot Two (2) CSM 12528. The area reserved for the private sanitary sewer system is described as follows: Commencing at the Southeast corner of Lot 2, CSM 3848; thence southerl} along the westerly edge of County Road N, 69.65 feet, more or less, to a point; thence North 89 degrees 18 minutes 13 seconds West, 154.84 feet, more or less to a point; thence Northerly on a straight line to the Southwest corner of Lot 2 CSM 3848; thence North 85 degrees 49 minutes 00 seconds West, 154.84 feet to the point of beginning of this description. Part of PINS 026/0511-093-9250-0 and 026/0511-093- 9270-0. C. The Declarant wishes to create a nonexclusive easement over the private sanitary sewer system property under the terms of this Declaration. DECLARATION Declarant declares that: 1. Reservation of Easement. The declarants reserve a nonexclusive easement for a private sanitary sewerage system creation and the easement shall be subject to the following permitted uses: the installation and maintenance and repair of a private septic system, mound system, replacement mound systems and onsite wastewater treatment systems together with all underground and above ground piping, wiring, conduits, electrical and appurtenant equipment. The private sanitary sewerage systems is located on Lot 2, CSM as described above and referenced in Exhibit A, attached hereto and incorporated herein by reference. 2. Permitted Users. The easement reserved may be used by the Lot 1 Owner and its tenants, employees, customers, and invitees in common with Lot 2 Owner and its tenants, employees, customers, and invitees. 3. Maintenance Costs. Unless Lot 1 Owner and Lot 2 Owner agree otherwise in writing, all initial installation shall be paid for by the benefiting party. For example, if Lot 2 constructs a residential unit and installs a septic system, the owner of Lot 2 shall be solely responsible for all installation costs. Likewise, in the event the owner of Lot 1 installs a replacement mound system, the owner of Lot 1 shall be responsible for all installation costs. Pumping and repair costs shall be paid for by the party benefiting.